North Carolina Order in Civil or Criminal Support Action

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State:
North Carolina
Control #:
NC-CR-308
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PDF
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Description

Order in Civil or Criminal Support Action: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

These orders can require that the abuser move out of your joint home or pay for other housing for you. They can give you temporary custody of your children and pets, as well as require temporary child support and spousal support.

A final domestic violence protective order (also called a DVPO or a 50B order or restraining order) lasts up to one year. You can ask the court to extend the order for an additional two years (with the exception of the custody provisions), but you must do so before it expires.

Violation of a 50B Order (Restraining Order)Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

Go to the courthouse and get the forms you need. You can find a list of county courthouses on N.C. Administrative Office of the Court's website. Go to the office of the clerk of civil court or the magistrate's office. Tell them you need to file for a restraining order, protective order, DVPO or Civil No-Contact Order.

A no contact order can be filed in a civil clerk's office in the county where the alleged victim lives, where the alleged offender lives, or where the alleged sex crime occurred.

If you have a temporary restraining order (TRO) and a court hearing coming up, you cannot drop the case.If you already have a permanent restraining order and you want to dismiss (drop) the case or change the restraining order, you must file papers (a motion) to go to court and ask the judge. IMPORTANT!

200bA typical 50B is taken out against a spouse or boyfriend whereas a typical 50C is taken out against a neighbor or co-worker. Another important distinction is that violation of a 50C does not subject a defendant to immediate arrest like a 50B.

A Domestic Violence Protective Order (sometimes commonly referred to as a restraining order or a 50B order) is a restraining order that is designed specifically for victims of domestic violence to give them the protection they need from the abuser.

The laws on restraining orders and no-contact agreements vary by state, but the main idea is that no-contact agreements exist to punish someone who has already caused harm and to prevent further harm, whereas restraining orders exist to prevent someone from causing harm in the first place.

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North Carolina Order in Civil or Criminal Support Action